JUSRISPRUDENCE

UNIT 8

SCOPE OF SOCIOLOGICAL SCHOOL

The sociological school of thought in law emphasizes the social aspects and functions of law. It seeks to understand law as a social phenomenon and stresses the relationship between law and society. This school of thought views law not merely as a set of rules but as a living institution shaped by social forces, needs, and values. The scope of the sociological school can be broadly divided into several key areas:

  1. Law as a social institution: this is where the sociological school considers law as a social institution designed to regulate and guide human behavior within a society. It is not just a system of rules but a mechanism for social control and coordination. Law is seen as a tool for achieving social justice, order, and stability. The relationship between law and society is bidirectional, that is, law influences society, and society influences law. Sociologists of law examine how social changes affect legal developments and how legal changes impact social structures and relationships. See the case of Uzokwu v. Ezeonu II (1991) 6 NWLR (PT.200) 708 where the court recognized the influence of societal norms and values on the interpretation of constitutional provisions and the decision highlighted the interplay between law and society in the context of fundamental human rights.
  2. Law in action: this is where the sociological school advocates for a realistic approach to law, focusing on how law operates in practice rather than in theory. This involves studying how laws are applied, enforced, and interpreted by various actors within the legal system, including judges, lawyers, police, and ordinary citizens. Sociological jurists emphasize the importance of aligning law with social reality. They argue that laws should reflect the actual conditions and needs of society rather than abstract principles. This perspective is concerned with the practical outcomes of legal rules and their effectiveness in addressing social problems. See the case of A-G Bendel State v. A-G Federation & Ors (1982) 3 NCLR 1 where the court's interpretation of the constitutional provisions on revenue allocation was influenced by the need to address the socio-economic realities of the Nigerian federal system and it also illustrates the application of a sociological approach to legal interpretation.
  3. Law and social change: this is where the sociological school views law as a powerful instrument for social change. It can be used to promote progressive social reforms and address issues such as inequality, discrimination, and injustice. Legal reforms are seen as essential for achieving social development and modernization. Laws must be responsive to the changing needs and conditions of society. Sociological jurists advocate for a dynamic and flexible legal system that can adapt to new social realities and challenges. See the case of A-G Lagos State v. A-G Federation (2003) 12 NWLR (PT.833) 1 which involved the Lagos State Government's attempt to enact laws to address urban development and housing issues and the court recognized the need for legal frameworks to respond to the evolving socio-economic conditions of the state.
  4. Social justice and equity: this is where the sociological school emphasizes the role of law in promoting social justice and equity. This involves ensuring that legal rules and institutions operate in a manner that protects the rights and interests of all members of society, particularly the marginalized and disadvantaged. Law is seen as a means to redress social inequalities and ensure fair treatment for all individuals. This requires a commitment to principles of fairness, equality, and human dignity in the formulation and application of legal rules. See the case of Mojekwu v. Mojekwu (1997) 7 NWLR (PT.512) 283 where the court struck down discriminatory customary practices that violated women's rights to inheritance, underscoring the role of law in advancing social justice and gender equality.
  5. Empirical research and analysis: this is where the Sociological jurisprudence relies heavily on empirical research and analysis to understand how laws operate in society. This involves collecting and analyzing data on various aspects of the legal system, such as crime rates, judicial decisions, and the behavior of legal actors. Empirical research informs policy formulation and legal reforms. By understanding the social impact of laws, policymakers can design more effective and equitable legal frameworks. See the case of Okafor & Ors v. A-G Anambra State & Ors (1991) 6 NWLR (PT.200) 659 where empirical studies on the impact of land use laws in Anambra State influenced the court's decision to address the socio-economic implications of land policies on local communities.
  6. Critical analysis of legal institutions: this is where the sociological school critically evaluates legal institutions, such as courts, law enforcement agencies, and correctional facilities. It examines their role, effectiveness, and impact on society, identifying areas for improvement and reform. A key concern of the sociological school is ensuring access to justice for all individuals. This involves addressing barriers that prevent people from seeking legal redress, such as poverty, discrimination, and lack of legal awareness. See the case of Fawehinmi v. N.B.A. (NO. 2) (1989) 2 NWLR (PT.105) 558 which highlighted issues of access to justice and the need for legal institutions to be more responsive to the needs of ordinary citizens, particularly in the context of professional legal ethics and accountability.

CONCLUSION

The sociological school of thought offers a comprehensive and dynamic perspective on law, emphasizing its social dimensions and functions. By focusing on the relationship between law and society, the realistic operation of legal rules, the role of law in social change, the promotion of social justice, empirical research, and the critical evaluation of legal institutions, this school provides valuable insights for understanding and improving the legal system in Nigeria. The integration of sociological principles into legal practice and policymaking can contribute to a more just, equitable, and effective legal framework that better serves the needs of society.